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Projects & Proposals > Manhattan > East Village / Lower East Side Printer Friendly Version
East Village / Lower East Side Rezoning - Approved!
"A" Applications
Overview | Existing Context and Zoning | Proposed Zoning | "A" Applications
Environmental Review | Public Review


Proposed Zoning Map for
Proposed Zoning Map for "A" Applications
PDF Document View a larger image.
On July 3, 2008 the Department of City Planning filed modified applications for the East Village/Lower East Side Rezoning.  The modified applications, C 080397(A) ZMM and N 080398(A) ZRM, components of which are consistent with the analyzed "Alternative Action" proposal included in the Final Environmental Impact Statement (FEIS), are largely identical to the proposal as certified.  They differ in three principal ways and include modifications to the proposed zoning map and text amendments that would:

    • apply the Inclusionary Housing Program mechanism in specified R7A areas;

    • replace a portion of a C6-2A zoning district with a C6-3A district along Chrystie Street and apply the Inclusionary Housing Program mechanism therein; and

    • eliminate the proposed text change in Section 52-61 of the Zoning Resolution.

    View the PDF Document modified proposed zoning text amendment.




    R7A Districts with Inclusionary Housing Program

    As part of the City's ongoing effort to provide new housing opportunities, the proposed East Village/Lower East Side Rezoning, as referred, includes new inclusionary housing program areas along selected streets. As referred, the inclusionary housing bonus would be available in the proposed R8A and C6-2A zoning districts. The (A) applications include modifications that would extend the bonus FAR mechanism to portions of the proposed R7A districts.

    The modified zoning text amendments to Zoning Resolution Sections 23-144 and 23-922, would allow the use of the Inclusionary Housing bonus to be made applicable in the proposed R7A zoning districts along Second Avenue, First Avenue, Avenue A and Avenue C. The bonus would allow an increase in floor area (up to 33 percent above the base residential FAR, or from 3.45 to 4.6 in the R7A districts) in exchange for the provision of permanently affordable housing. Developments utilizing the additional floor area remain subject to all of the applicable height and setback provisions of the underlying contextual zoning district.



    C6-3A Districts with Inclusionary Housing Program
    The (A) applications also include modifications to the proposed zoning map and text amendments that would replace a C6-2A district (as certified) along the west side of Chrystie Street with a C6-3A district, while also applying the bonus FAR mechanism for the provision of affordable housing.

    The modified zoning map and text amendments to Zoning Resolution Sections 23-144 and 23-922, would allow the use of the Inclusionary Housing bonus to be made applicable in the proposed C6-3A zoning district along the west side of Chrystie Street. The bonus would allow an increase in floor area (permitting an increase beyond the base residential FAR, from 6.5 to 8.5 in the proposed C6-3A district) in exchange for the provision of permanently affordable housing. Developments utilizing the additional floor area remain subject to all of the applicable height and setback provisions of the underlying contextual zoning district.



    Inclusionary Housing Program
    In order to be eligible for the bonus in the proposed R7A and C6-3A districts as described above, lower-income units must be affordable to households at or below 80 percent of Area Median Income (AMI), and must remain affordable for the life of the compensated development.  Lower-income housing units used to earn the Inclusionary Housing bonus may be new units on the same site as the development receiving the bonus, or new or preserved units in a separate building off-site.  Off-site affordable units must be located within the same community district, or in an adjacent community district on a site within a half-mile of the site receiving the bonus.

    Developments using the floor area bonus in the new program may also use various city, state and federal housing subsidy programs and tax incentives to finance affordable units.  The Department of Housing Preservation and Development must approve a Lower Income Housing Plan for all developments in the Inclusionary Housing Program.

    Section 52-61 of the Zoning Resolution
    The modified proposed zoning text amendment eliminates a proposed change to Section 52-61 of the Zoning Resolution. As referred, the proposal would extend the discontinuance exemption for non-conforming uses to R8B districts in Manhattan, Community District 3. As a general rule, non-conforming uses are permitted to re-activate (or change) after a period of discontinued operation, provided that the period of discontinuance does not exceed two years. Section 52-61 allows reactivation of certain non-conforming uses in R5, R6 and R7 districts regardless of the two year discontinuance provision. The referred text change would extend the exemption to the proposed R8B zoning districts in Manhattan Community District 3—as currently is available to existing R7-2 districts in the rezoning area. The modified proposal eliminates the proposed exemption, so that non-conforming uses in proposed R8B districts would be subject to the existing two-year discontinuance provisions.

    The modified applications have been referred to Manhattan Community Board 3 and the Manhattan Borough President in accordance with Section 2-06(c) of the ULURP rules.

    Environmental Review
    The potential impacts of the modified Inclusionary Housing program areas were analyzed in the Final Environmental Impact Statement (FEIS) completed on September 26, 2008 as part of the "R7A/C6-3A Inclusionary Housing Alternative" included in PDF Document Chapter 23. View the FEIS.





    Overview | Existing Context and Zoning | Proposed Zoning | "A" Applications
    Environmental Review | Public Review


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